Tulsi Singh @ Tulsi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25285 of 2023 Arising Out of PS. Case No.-1020 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== TULSI SINGH @ TULSI KUMAR S/O LATE NIRANJAN SINGH R/O Village- Ward No. 08, Bhadas Uttari, P.S- Muffasil, Distt.- Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 20.12.2022 in connection with Khagaria (Muffasil) P.S. Case No.1020/2022, dated 27.09.2022, for the offences punishable under Sections 450, 376, 323, 342 and 34 of the IPC.

3. According to prosecution case, the allegation against the petitioner is that he was standing outside the place of occurrence, while the other two accused persons namely Sugathia and Sanjeev Singh have committed rape upon the victim.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that it appears from the

Patna High Court CR. MISC. No.25285 of 2023(3) dt.18-07-2023 2/3 statement of the victim recorded under Section 164 of the Cr.P.C. that the petitioner has not committed rape upon the victim rather other coaccused persons namely Sugathia and Sanjeev Singh have committed rape upon the victim. The petitioner was standing outside the place of occurrence. He further submits that the victim was also examined by the doctor on 28.09.2022 and the doctor has opined that no evidence of emission of semen inside vagina within 48-72 hours. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 20.12.2022.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried two criminal antecedent other than the present one but fairly submits on the basis of para-3 of the bail petition that the petitioner is on bail in one case.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Aditya Prakash, Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No.1020/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his

Patna High Court CR. MISC. No.25285 of 2023(3) dt.18-07-2023 3/3 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T